IRSHAD AHMED MALIK Vs. STATE OF J&K
LAWS(J&K)-2020-9-59
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 29,2020

Irshad Ahmed Malik Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

Rajesh Bindal,J. - (1.)The petitioner had approached this Court by filing the present writ petition seeking a direction to the respondents to modify the order of his appointment on compassionate basis by granting him notional/retrospective benefits from the date he should have been appointed.
(2.)Learned counsel for the petitioner submitted that the brother of petitioner, who was serving as Food Inspector in the Medical Department, died in harness, while suffering cardiac arrest on 23.05.2000.
(3.)In the aforesaid factual matrix, the contention raised by learned counsel for the petitioner is that the petitioner had been made to suffer on account of illegal action by the authorities by not granting him compassionate appointment immediately after his brother died. He was compelled to knock the doors of this Court time and again. It was more than 2½ years after the Special Leave Petition filed by the Government was dismissed that the letter of appointment was issued on 26.04.2016. For a period of more than 15 years, the petitioner was compelled to wait. As a result he lost all the benefits which accrued to him if he been granted appointment earlier. Hence, he deserves to be granted notional benefits at least from the date, first time his case was rejected by the authority i.e. 29.11.2007. It is for the reason that, at that stage his claim should have been accepted.
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